Meridian Truck Accidents Involving Alcohol and Drug Use

Booze It and Lose It. Stay Alive, Don’t Drink and Drive. These well-known slogans highlight the dangers of driving under the influence of intoxicating substances, and they apply to all drivers – including those who operate big 18-wheelers and tractor-trailers. Truck accidents involving alcohol and drug use can cause significant injuries to those involved. If an intoxicated or impaired truck driver has caused you to suffer harm, call Nahon, Saharovich & Trotz to speak with one of our Meridian truck accident lawyers. Our large regional law firm has the experience and resources to handle your case from start to finish.

It is well know that driving under the influence of drugs or alcohol is dangerous. However, every day impaired drivers get behind the wheel and put others at risk. In 2016, it was estimated that 20.7 million people aged 16 or older drove under the influence of alcohol, and 11.8 million drove under the influence of illicit drugs. Impaired drivers often experience slower reaction times, lapses in judgment, and the inability to properly focus on the road. Impaired truck drivers pose a substantially increased danger to those around them due to the sheer size and weight of the big-rigs they are driving. Common injuries resulting from large truck accidents include paralysis, brain damage, broken bones, and even death.

Most truck drivers and their employers are regulated by the Federal Motor Carrier Safety Administration (FMCSA). Under the FMCSA, several policies are in place regarding substance abuse that both the driver and the employer must follow before the driver is allowed to operate a truck. For example, under the FMCSA, employers are required to perform sufficient background checks and conduct alcohol and drug abuse screenings when appropriate. Failure to do so could place the trucking company directly liable for any accident their employee caused due to intoxicated driving.

Under Mississippi law, it is against the law to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. For commercial drivers, that percentage is lowered to .04%. If a truck driver is found to be impaired after an accident occurs, both criminal and civil actions can be taken against him. Criminal charges for driving under the influence (DUI) or driving while intoxicated (DWI) could be levied by the Lauderdale County District Attorney’s office.

Victims of DUI truck accidents possess a private right of action against the truck driver and/or the employer in civil court. For a civil action to proceed, you will need to show that the truck driver or trucking company acted in a negligent or reckless manner. This is usually established by proving the following four elements:

1. Duty owed to victim
2. Breach of duty
3. Causation
4. Actual damages

All truck drivers have a legal duty to drive safely on the road. They could breach that duty by driving while impaired or drunk. In order to recover for the injuries you have sustained, you will have to show that the truck driver’s impaired driving caused the accident to happen. For example, if a truck driver had been drinking at a bar for several hours, got into his truck, and swerved into your lane of traffic on Interstate 20, it could be proven that his intoxication caused him to veer from his lane and crash into you. Lastly, you will have to show that you suffered damages as a result. Our truck accident attorneys can help Meridian accident victims document their losses in an effort to recover full compensation under the law.

Truck accidents involving alcohol or drug use are often complex and require in-depth investigation and legal analysis. In order to ensure that you are being adequately protected, it is important to hire a law firm that is experienced in handling trucking accident cases. At Nahon, Saharovich & Trotz, our Meridian attorneys can investigate the crash on your behalf, which could include visiting the scene, retaining experts, and gathering evidence. We represent injured victims all across Mississippi, Tennessee, Arkansas, Missouri, and Kentucky. Call our office toll-free at 800-529-4004 or complete our online form to schedule a free consultation with one of our truck wreck lawyers today.